CO885-(10-11) — Page 74

684.

No. 52.

(HoNa HoNG.)

LAW OFFICERS to COLONIAL OFFICE.

Lincoln's Inn, January 21, 1861. MY LORD DUKE,

We were honoured with your Grace's commands, signified in Sir Frederic Rogers' letter of the 10th January instant, in which he stated that he was directed by you to request that we would take into our consideration the enclosed papers respecting the annexation to the Colony of Hong Kong of a portion of Chinese territory.

Sir Frederic Rogers was pleased to say that we would observe that part of the Kowloong peninsula, with an adjacent island called Stone Cutters Island, were, by the recent Treaty of Pekin to be ceded to Her Majesty to be held as a dependency of the Colony of Hong Kong, and that the Acting Attorney General of that Colony was, however, of opinion that this new acquisition would not actually become part of the Colony till Her Majesty's pleasure is signified; and that after that took place it would be necessary for the Legislature of Hong Kong to declare what laws of England or Ordinances of Hong Kong should be in force in the ceded territory, and that he advised further that it would be desirable to limit as much as possible the effect of the vague qualification, subject to which the law of England was usually introduced: “Except and he suggested that "when the same shall be inapplicable to local circumstances the Law Officers of the Crown in England should be requested to supply the form of local enactment which would be necessary, and—

That your Grace would be very glad if we found ourselves able to give effect to Mr. Bridge's concluding suggestion; but this, however, he could hardly expect, since it appeared to him that the question how far the laws of England and Hong Kong could properly be applied to Kowloong must be decided by considerations of local convenience, and not on any principle of English law.

Sir Frederic Rogers was pleased further to say that it did not seem to your Grace that anything more could be done than to issue an Order in Council declaring that Kowloong is part of the Colony of Hong Kong, and that the laws in force in Hong Kong shall be in force in Kowloong till altered by lawful authority; and as it was desirable that no time should be lost in placing the Government of the newly acquired territory on a proper footing, Sir Frederic Rogers was pleased to enclose for our con- sideration the draft of such an order, and to request that we would inform your Grace whether this instrument will be sufficient for its purpose; or to supply you with drafts of such instrument or instruments as would in our opinion be better calculated to effect the same object.

In obedience to your Grace's commands, we have taken the papers submitted to us into our consideration, and have the honour to

Report

That we entirely concur with your Grace in the conclusion expressed by Sir Frederic Rogers. All that can be done in this country is, with the approbation of Her Majesty, We have considered the draft order submitted to us to issue an Order in Council.

by your Grace's direction, and are of opinion that with the few words which we have inserted in the fifth page, it is proper to be submitted to Her Majesty, and will be effectual for the object proposed.

We have, &c.

(Signed)

His Grace the Duke of Newcastle, K.G.,

&c.

&c.

RICHARD BETHELL. WM. ATHERTON.

&c.

16978.—584. 15.-2/86.

PUBLIC RECORD OFFICE

Reference :-

C.O. 885

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO